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Minutes May 11, 1999CITY OF DENTON CITY COUNCIL MINUTES May 11, 1999 After determining that a quorum was present and convening in an open meeting, the City Council convened in a closed meeting on Tuesday, May 11, 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, Kristoferson, and Young. ABSENT: Council Member Durrance 1. The Council considered the following in Closed Meeting: A. Consultation with Attorney – Under TEX. GOV’T. CODE Sec. 551.071. The Council 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 nd Denton County Fresh Water Supply District No. 5, Cause No. 99-40158-362, 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. Regular Meeting of the City of Denton City Council on Tuesday, May 11, 1999 at 6:00 p.m. in the Council Chambers at City Hall. PRESENT: Mayor Miller, Mayor Pro Tem Beasley, Council Members Burroughs, Kristoferson, Young ABSENT: Council Members Cochran and Durrance 1. Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegiance to the U.S. and Texas flags. 2. Presentation of 1999 Outstanding Finance Officer Award to Kathy DuBose by Charles Cox, President-Elect, Government Finance Officers Association of Texas. Mayor Miller introduced Charles Cox, President-Elect of the Government Finance Officers Association of Texas, who presented the 1999 Outstanding Finance Officer Award to Kathy DuBose. CITIZEN REPORTS City of Denton City Council Minutes May 11, 1999 Page 2 3. The Council received a report from Bill Morrow regarding Hangcorp (Tomlinson Avionics). Mr. Morrow was not present at the meeting. 4. The Council received a report from Dessie Goodson regarding the City of Denton. Ms. Goodson was not present at the meeting. 5. The Council received a report from Nell Yelldell regarding City taxes. Ms. Yelldell was not present at the meeting. 6. The Council received a report from Raymond Redmon regarding a Fred Moore Park footbridge across the Pecan Creek drainage expansion. Council Member Young requested this item be moved to later in the meeting. 7. The Council received a citizen report from T. E. Uland regarding a hazardous corner. Mr. Uland reported a concrete drainage culvert that was hazardous to vehicles. NOISE EXCEPTION 8. The Council considered a request for an exception to the noise ordinance for a house party at 2010 W. Hickory on Saturday, May 15, 1999 from 10:00 p.m. until 1:00 a.m. This item was pulled from the agenda. CONSENT AGENDA Burroughs motioned, Beasley seconded to approve the Consent Agenda and the accompanying ordinances. On roll vote, Beasley “aye”, Burroughs “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried 5-0. 9. Tax refund to Wal-Mart Stores East, Inc. in the amount of $10,708.97. 10. Tax refund to DNB Investments LTD in the amount of $706.55. 11. NO. 99-149 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF WOODEN DISTRIBUTION POLES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 2352 – WOODEN DISTRIBUTION POLES AWARDED TO NORTH PACIFIC LUMBER COMPANY, IN THE AMOUNT OF $16,517). City of Denton City Council Minutes May 11, 1999 Page 3 12. NO. 99-150 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF EIGHT ROAD BORING PROJECTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 2354 – ROAD BORE PROJECTS FOR ELECTRICAL CROSSINGS AWARDED TO DICKERSON CONSTRUCTION CO., INC. IN THE AMOUNT OF $138,185). 13. NO. 99-151 AN ORDINANCE APPROVING THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF LIFEPAK DEFIBRILLATORS, MONITORS AND PERIPHERAL ITEMS, AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE (PURCHASE ORDER 94106 – PHYSIO-CONTROL CORPORATION, FOR LIFEPAK 12 AND LIFEPAK 10 DEFIBRILLATORS, MONITORS AND PERIFERIALS IN THE AMOUNT OF $84,319). 14. NO. 99-152 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF UTILITY BILLING ENVELOPES, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 2348 – UTILITY BILLING ENVELOPES AWARDED TO PRECEPT INC. IN THE AMOUNT OF $20,100). 15. NO. 99-153 AN ORDINANCE ACCEPTING THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF ALUMINUM BOX CULVERT AND HEAD WALLS AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE (PURCHASE ORDER 94823 – CONTECH CONSTRUCTION PRODUCTS, INC. IN THE AMOUNT OF $43,486.11). 16. NO. 99-154 AN ORDINANCE APPROVING THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF BIOXIDE, A PRODUCT AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW City of Denton City Council Minutes May 11, 1999 Page 4 EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE (PURCHASE ORDER 94822 – US FILTER/DAVIS PROCESS PRODUCTS IN THE AMOUNT OF $31,751.55). 17. NO. 99-155 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES, INC., FORT WORTH, TEXAS, FOR ENGINEERING SERVICES PERTAINING TO THE DESIGN AND CONSTRUCTION OF A TWENTY INCH WATER MAIN ALONG FORT WORTH DRIVE (U.S. HIGHWAY 377) FROM BENT CREEK ESTATES TO HAMILTON ROAD, IN DENTON, DENTON COUNTY, TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. Council Member Cochran arrived at the meeting. PUBLIC HEARINGS Item 23 was considered first. 23. The Council held a public hearing inviting citizens to comment on the City of Denton’s 1999 Action Plan for Housing and Community Development. Luisa Rodriguez-Garcia, Community Development Coordinator, stated the 1999 Action Plan included funding available from the U.S. Department of Housing and Urban Development which included all the Community Development Block Grant Funding and HOME Funding. The Community Development Advisory Committee and Human Services Committee recommended 20% for administration; 27% was allocated for housing activities, such as the Homebuyer Assistance Program, the Homeowner Rehabilitation and Optional Reconstruction Program, and the Emergency Repair Program; 40% was recommended for public improvements, such as the Gayla Bridges Improvement and a couple of street repaves; 15% was set aside for the Human Services Committee to allocate to human services. Under the HOME Program, HUD required that 15% of the money be set aside for a CHODO (Community Housing Organization Development Organization) which was a non-profit organization. The Denton Affordable Housing Corporation was the only certified CHODO in the city. She stated this was the second public hearing. Council Member Young asked what the qualifications were for the rental housing assistance program. Barbara Ross, Administrator of Community Development, stated the individual that owned the rental property could not have an income higher than 150% of the area median income. The median income for a family of four was $46,000 to $48,000. Assistance for a household of four was over $100,000 and for a household of one or two it was $75,000 to $90,000. City of Denton City Council Minutes May 11, 1999 Page 5 Council Member Young asked if the committee could review the qualifying criteria for this program. Ross stated that the committee could review the qualifying criteria and bring that back for the council’s review. The Mayor opened the public hearing. No one spoke during the public hearing. Mayor Miller stated the following individuals had turned in speaker cards: Jane Ogletree, 309 Casie Ct., Denton, 76201, support Melanie Berry, P. O. Box 2885, Denton, 76202, support The public hearing was closed. 18. The Council held a public hearing and considered rezoning 3.79 acres, from a two-family dwelling (2F) zoning district to a Central Business (CB) zoning district. The property was bounded on the north by Parkway, on the south by Pearl Street, on the east by Bolivar Street and on the west by Carroll Blvd. The proposal was to develop a bank on the western portion of the site. The Planning and Zoning Commission recommended approval 6-0 with conditions. (Z-99- 028) Mark Donaldson, Assistant Director of Planning, stated the current development on the tract was the Pearl Street Church of Christ and two existing single-family homes, which were being moved. The biggest factor relating to the Central Business District zoning was the off-street parking requirements. This site was unique in that there was existing parking associated with the church and the applicants had entered into an agreement to share that parking. A neighborhood meeting was held April 19, 1999. Fifteen property owners within the 200-foot radius were notified. Six responses in favor of the proposed zoning were received. The Planning and Zoning Commission considered two conditions and added those to their recommendation–the standard lighting condition and the current landscape code. Council Member Cochran asked if the parking arrangement was set in stone or could it be changed in the future and what requirements would be made. Donaldson stated that in the event that the property was zoned for some other zoning district than the Central Business District the developers would have the right to enter into arrangements for off-site parking. Council Member Cochran asked if there would be any other office space available in the bank building. Donaldson stated a site plan had not been attached to the zoning. City of Denton City Council Minutes May 11, 1999 Page 6 Council Member Cochran asked what was the zoning to the south. Donaldson stated it was zoned commercial. Council Member Kristoferson wanted to know what was going to happen to the two houses. The Mayor opened the public hearing. George Highfill, 3204 Windy Hill, was the applicant and spoke in favor of the zoning. He stated their plans were to build a 20,000 square foot building. It would be a two-story office building. The bank would occupy the first floor and the second floor would be available for lease and for the bank’s expansion as needed. One house was under the ownership of the church. The other house he was not sure where it was going. Council Member Young asked how many jobs the bank would create. Highfill stated there would be twelve employees to start with and when the building was complete, there would be 25-30 employees. Council Member Cochran asked about the easement and if it belonged to the City of Denton, what were the bank’s plans for it. Highfill stated they would landscape it or whatever was appropriate for it. Mayor Miller stated the following individual had turned in a speaker card: Tony Clark, 3516 Belmont, Denton, 76205, support No one spoke in opposition. The Mayor closed the public hearing. The following ordinance was considered: AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM TWO-FAMILY DWELLING (2F) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO CENTRAL BUSINESS (CB) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 3.79 ACRES OF LAND BOUNDED BY CARROLL BOULEVARD, PEARL STREET, BOLIVAR STREET AND PARKWAY STREET; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (Z-99-028) Young motioned, Kristoferson seconded to approve the zoning with the conditions recommended by the Planning and Zoning Commission. On roll vote, Beasley “aye”, City of Denton City Council Minutes May 11, 1999 Page 7 Burroughs “aye”, Cochran “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motioned carried 6-0. 19. The Council held a public hearing regarding the proposed voluntary annexation of 65.174 acres located south 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 was to develop the property for commercial (C) zoning district, multi-family residential (MF2) zoning district, and single-family residential (SF7) zoning district. (A-83) Mark Donaldson, Assistant Director of Planning, stated the property had city boundaries on the east and west edges. The property was located in an area that was already being provided public services and the Service Plan demonstrated that the city could provide the services required as part of the annexation. One of the major topics of discussion with this site was its location with respect to the recently approved Roadway Component of the Denton Mobility Plan. It was at the confluence of three primary arterial roads. Teasley Lane was on its west edge, Hickory Creek teed into Teasley Lane and it was proposed to continue across this property and connect with the future extension of 2499. It had single-family, multi-family, and commercial zoning designations that had been requested. Donaldson stated they were seeing a coordinated effort to provide infrastructure and to work together for development that complied with the Land Use Plan and the Growth Management Strategy. Council Member Durrance arrived at the meeting. Council Member Kristoferson stated that according to the Growth Management Plan this area should be developed as low density residential and Council was to receive something next week that indicated this should be commercial activity. She wanted to know when changes were made to the Growth Management Plan. Donaldson stated that those recommendations were coming to Council at the May 25 work session and reflected the need for a commercially developable area to support the kind of population projections that the city was seeing. The Mayor opened the public hearing. Bob Nelson, 3329 Dunes Street, representing the owners, spoke in favor of the annexation. Dave Neal, 1101 Buena Vista, stated he was in favor of the annexation but there was a safety issue, a drainage issue, and a quality of life issue that needed to be addressed. Brenda Phillips, 1101 Buena Vista, stated she was in favor of annexation but there were some neighborhood concerns, such as the impact on the school system (McNair and McMath), and traffic at the intersection of Hickory Creek and Teasley, and requested the developers hold a neighborhood meeting at McNair Elementary. Ben Pennell, Rt. 13 Box 135, Denton, spoke in favor of the annexation. City of Denton City Council Minutes May 11, 1999 Page 8 The Mayor closed the public hearing. Donaldson stated that the second public hearing would be next week. Item 6 was considered. 6. The Council received a report from Raymond Redmon regarding a Fred Moore Park footbridge across the Pecan Creek drainage expansion. Raymond Redmon, 417 E. Prairie Street, stated that during the Pecan Creek drainage expansion the footbridge was removed and there were no plans for another bridge to be placed there. He stated his concern that this was not included in the funding for the project and felt there was a need for this bridge to be replaced. Council Member Young requested staff to look for the funding to replace the bridge at Fred Moore Park. Council Member Cochran suggested using a historic bridge from Denton County that was in jeopardy of being removed. 20. The Council held a public hearing regarding the proposed involuntary annexation of an 80.741 acre tract located on the south side of McKinney Street and directly opposite of Trinity Road, in the City of Denton’s ETJ. (A-84) Dave Hill, Director of Planning, stated this was the second public hearing for this property. The proposed manufactured home park was designed to be wholly within the ETJ, providing the city with only subdivision regulation of the development. He stated the actual number of acres to be annexed was 73.671 acres. Council Member Burroughs asked about the platting process. Hill stated that they had a preliminary plat application submitted to the Planning Office and it was being scheduled for May 26. Pending the outcome of the discussions about the alignment of the thoroughfare, the applicant might decide to revise the plat and that might take some time. The Mayor opened the public hearing. Nancy Carson, 2601 S. Mayhill, spoke in opposition to the annexation. She stated that if current ordinances could not be enforced she did not want any more manufactured home parks in the city limits. Weldon Burgoon, Rt. 2, Box 634B, was the owner of the property and spoke in opposition to the annexation. City of Denton City Council Minutes May 11, 1999 Page 9 Carsero Sevillion, P. O. Box 2451, Coppell, spoke in favor of the annexation but asked that the city control what went there. R. Mac Powell, 1710 Hwy 720 E, Little Elm, spoke in support of the annexation. He stated that Clayton Homes built “communities” not “trailer parks”. The Mayor closed the public hearing. Hill stated there would be a first and second reading of the annexation ordinance. 23. The Council held a public hearing inviting citizens to comment on the City of Denton’s 1999 Action Plan for Housing and Community Development. The Mayor re-opened the public hearing. Penni Abbott, 3224 Oriole Lane, spoke in opposition to the funding for Denton Affordable Housing which was included in the 1999 Action Plan. She stated the DAHC was supposed to be working on a project in the 400 block of Mockingbird where they had moved in some houses that were to be refurbished and so far the houses had been there since last September and nothing had been done. Council Member Cochran asked if there had been any meetings with the neighbors and Denton Affordable Housing since this started. Abbott stated they had not been contacted at all. Council Member Kristoferson asked Barbara Ross what was the obligation, timeline, and qualitative and quantitative framework for a CHODO to fulfill a project under a grant. Barbara Ross, Administrator of Community Development, stated that the only CHODO in Denton that was certified by the State of Texas and the City of Denton was the Denton Affordable Housing Corporation. The Community Development Department monitored the funding they received from the city. Mayor Miller stated the following individuals had turned in Speaker Cards: Elizabeth Fagan, 3304 Woodthrush, Denton, 76201 – opposition Judy Patman, 3505 Meadowlark, Denton, 76201 – opposition Mauro Rodriguez, 3212 Oriole Lane, Denton, 76201 – opposition Noe Rodriguez, 416 Meng Circle, Denton, 76201 – opposition Mason Haggard, 504 Kingfisher Court, Denton, 76201 – opposition Jane Provo, Executive Director of Denton Affordable Housing Corporation, addressed the Council on the progress (or lack of progress) of the project. City of Denton City Council Minutes May 11, 1999 Page 10 The Mayor stated that since there were major concerns about this that maybe this should be brought back at a work session. Ross stated that this was scheduled to come back to the Council for final approval on May 18. If the Council wanted to recommend changes, they could be incorporated into the document and brought back next week or it could be delayed. Ross stated that one of the major concerns the committee looked at when considering funding for the Denton Affordable Housing Corporation was that DAHC had not gone out and talked with the neighborhood residents in a timely manner regarding the development. She stated that Ms. Provo and she had developed some participation guidelines requiring the DAHC to hold an annual public hearing to notify neighborhoods when they were going to complete projects in neighborhoods which made a significant impact on that neighborhood and opened them up to more notifications and public meetings. Mayor Pro Tem Beasley stated that the Council should look at this during a work session. She stated that DAHC should be mending some fences with the neighborhood right now by meeting with the neighborhood. Hill verified that for the work session the Council wanted to look at the Toledo Court Project situation and in response to the comments during this public hearing. The Council wanted to see some of the options regarding the funding for a CHODO also. Jane Graham, Executive Director of Denton County Children’s Advocacy Center, spoke in support of the funding for the Center. The Mayor stated that the following individual had filled out a Speaker Card: Pearl Jones, 2914 E. Rosedale, Ft. Worth, 76104, in support of funding for the Sickle Cell Disease Association/Greater Ft. Worth Chapter which serves families in Denton County The Mayor closed the public hearing. 21. The Council held a public hearing regarding the proposed involuntary annexation of 83.75 acres located on the northwest corner of Loop 288 and Stuart Road intersection, in the City of Denton’s ETJ. (A-85) Dave Hill, Director of Planning, stated this was the second public hearing. Hill stated that 16.55 acres of this parcel were located in the city limits and the remaining 83.75 acres were located in the ETJ. The developer had submitted a preliminary plat that was being considered by the Development Review Committee. The Service Plan indicated that services could be provided as required by state law. The Mayor opened the public hearing. City of Denton City Council Minutes May 11, 1999 Page 11 No one spoke in support or opposition of the annexation. The Mayor closed the public hearing. 22. The Council held a public hearing regarding the proposed involuntary annexation of a 19.802 acre tract located on the south side of Edwards Road, approximately 2,000 feet west of Swisher Road, in the City of Denton’s ETJ. (A-86) Dave Hill, Director of Planning, stated this was the second public hearing. The Mayor opened the public hearing. Zack Mason, 700 Custer Road, Apt. 166, spoke in support of the annexation and in opposition to a mobile home park. The Mayor stated that the following individual had filled out a Speaker Card: Mark Mason, 6184 Swisher Road, 76208, support of annexation and opposition of mobile home park The Mayor closed the public hearing. ITEMS FOR INDIVIDUAL CONSIDERATION 24. The Council considered approval of a resolution dissolving the 1996 Oversight Committee; expressing the sincere appreciation of the City Council for the work of the members of that committee; providing that the committee chair and council representative would continue to serve as liaison to the committee to be established to oversee the 2000 five- year capital improvement bond program; and providing an effective date. Rick Svehla, Deputy City Manager, presented council with the resolution. The following resolution was considered: R99-018 A RESOLUTION DISSOLVING THE 1996 OVERSIGHT COMMITTEE; EXPRESSING THE SINCERE APPRECIATION OF THE CITY COUNCIL FOR THE WORK OF THE MEMBERS OF THAT COMMITTEE; PROVIDING THAT THE COMMITTEE CHAIR AND COUNCIL REPRESENTATIVE WILL CONTINUE TO SERVE AS LIAISON TO THE COMMITTEE TO BE ESTABLISHED TO OVERSEE THE 2000 FIVE-YEAR CAPITAL IMPROVEMENT BOND PROGRAM; AND PROVIDING AN EFFECTIVE DATE. Beasley motioned, Durrance 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. City of Denton City Council Minutes May 11, 1999 Page 12 25. The Council considered approval of a resolution approving the eligibility of the structure located at 115-117 W. Hickory Street, Denton, Texas, for tax exemption for historically significant sites pursuant to Chapter 10, Article VII Code of Ordinances of the City of Denton, Texas; authorizing the City Manager to execute a tax exemption certificate; and declaring an effective date. (The Historic Landmark Commission recommended approval 6-0.) Julie Glover, Main Street, stated this was a tax abatement, which would freeze their taxes at the pre-renovation assessment for ten years. The following resolution was considered: R99-019 A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROVING THE ELIGIBILITY OF THE STRUCTURE LOCATED AT 115-117 WEST HICKORY, DENTON, TEXAS FOR TAX EXEMPTION FOR HISTORICALLY SIGNIFICANT SITES PURSUANT TO CHAPTER 10, ARTICLE VII CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS; AUTHORIZING CITY MANAGER TO EXECUTE A TAX EXEMPTION CERTIFICATE; AND DECLARING AN EFFECTIVE DATE. Burroughs motioned, Beasley 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. 26. The Council considered adoption of an ordinance of the City of Denton, Texas lifting suspension of the proposed time-of-use rate option set forth in the statement of intent and application of Texas Utilities Electric Company heretofore filed with the City on January 15, 1999, such suspension being set forth in Ordinance Number 99-058; providing for approval of rate schedules for Texas Utilities Electric Company respecting time-of-use rate options pertaining to the sale of electric service to residential, commercial and industrial customers within its duly-certificated area in the City of Denton, Texas; providing conditions under which such rate schedules may be changed, modified, amended or withdrawn, finding and determining that the meeting at which this ordinance is passed is open to the pubic as required by law; adopting declarations and findings in the preamble providing the reasons therefor; providing for a severability clause; and providing for an effective date. Sharon Mays, Director of Electric Utilities, stated that the Public Utilities Board recommended approval. She stated staff recommended approval of the rates as proposed by Texas Utilities. The following ordinance was considered: NO. 99-156 City of Denton City Council Minutes May 11, 1999 Page 13 AN ORDINANCE OF THE CITY OF DENTON, TEXAS LIFTING SUSPENSION OF THE PROPOSED TIME-OF-USE RATE OPTIONS SET FORTHIN THE STATEMENT OF INTENT AND APPLICATION OF TEXAS UTILITIES ELECTRIC COMPANY HERETOFORE FILED WITH THE CITY ON JANUARY 15, 1999, SUCH SUSPENSION BEING SET FORTH IN ORDINANCE NUMBER 99-058; PROVIDING FOR APPROVAL OF RATE SCHEDULES FOR TEXAS UTILITIES ELECTRIC COMPANY RESPECTING TIME-OF-USE RATE OPTIONS PERTAINING TO THE SALE OF ELECTRIC SERVICE TO RESIDENTIAL, COMMERCIAL, AND INDUSTRIAL CUSTOMERS WITHIN ITS DULY- CERTFICATED AREA IN THE CITY OF DENTON, TEXAS; PROVIDING CONDITIONS UNDER WHICH SUCH RATE SCHEDULES MAY BE CHANGED, MODIFIED, AMENDED OR WITHDRAWN; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; ADOPTING DECLARATIONS AND FINDINGS IN THE PREAMBLE; AND PROVIDING FOR AN EFFECTIVE DATE. Beasley motioned; Burroughs seconded to approve 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 adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute an agreement for professional legal services with the law firm of Lloyd, Gosselink, Blevins, Rochelle, Baldwin & Townsend, P.C., Austin, Texas, pertaining to representation of the City before the Public Utilities Commission of Texas in the areas of public utility regulatory law and administrative law, respecting any pertinent rulemaking proceeding or project, and legal advice concerning compliance with PUC rules respecting the activities of Denton Municipal Electric; authorizing the expenditure of funds therefore; and providing for retroactive effect of the agreement; and providing an effective date. Sharon Mays, Director of Electric Utilities, recommended approval of continuing the city’s relationship with this firm. The following ordinance was considered: NO. 99-157 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR PROFESSIONAL LEGAL SERVICES WITH THE LAW FIRM OF LLOYD, GOSSELINK, BLEVINS, ROCHELLE, BALDWIN & TOWNSEND, P.C. PERTAINING TO REPRESENTATION OF THE CITY BEFORE THE PUBLIC UTILITIES COMMISSION OF TEXAS (“PUC”) IN THE AREAS OF PUBLIC UTILITY REGULATORY LAW AND ADMINISTRATIVE LAW, RESPECTING ANY PERTINENT RULEMAKING PROCEEDING OR PROJECT, AND LEGAL ADVICE CONCERNING COMPLIANCE WITH PUC RULES RESPECTING THE City of Denton City Council Minutes May 11, 1999 Page 14 ACTIVITIES OF DENTON MUNICIPAL ELECTRIC; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR RETROACTIVE EFFECT OF THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. Cochran motioned, Durrance seconded approval of the ordinance. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “nay”, and Mayor Miller “aye”. Motion carried 6-1. 28. The Council considered adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a professional services agreement with Camp Dresser & McKee, Inc., Dallas, Texas, for engineering services pertaining to the design and construction of expansion and improvements to existing facilities at the Pecan Creek Water Reclamation Plant in the City of Denton, Texas; authorizing the expenditure of funds therefor; and providing an effective date. Howard Martin, Assistant City Manager of Utilities, stated that the professional services agreement was for the engineering of the Water Reclamation Plant expansion. The Water Reclamation Plant had exceeded the state criteria for permitted flow. Camp Dresser and McKee were selected to start with Phase I, the preliminary design. The following ordinance was considered: NO. 99-158 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH CAMP DRESSER & MCKEE, INC., DALLAS, TEXAS, FOR ENGINEERING SERVICES PERTAINING TO THE DESIGN AND CONSTRUCTION OF EXPANSION AND IMPROVEMENTS TO EXISTING FACILITIES AT THE PECAN CREEK WATER RECLAMATION PLANT, IN THE CITY OF DENTON, TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE Beasley motioned, Miller 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 7-0. 29. The Council considered approval of an ordinance to declare the intent to reimburse expenditures from the retained earnings of the water fund with revenue bonds so that two phases of a new water line project, more fully described in the body of this ordinance, could be commenced; declaring an emergency and amending the 1998-99 Capital Improvement budget to allow the funding of Phase I and Phase II of the Highway 377 water distribution system upgrade; and providing and effective date. City of Denton City Council Minutes May 11, 1999 Page 15 Kathy DuBose, Assistant City Manager, Fiscal and Municipal Services, stated this ordinance would amend the budget for the Capital Improvement program for the 1998-1999 fiscal year for the Water Fund and allowed reimbursement of the expenditures for this project with revenue bonds. The project was to run a water transmission line along Highway 377 from the City of Denton to Crawford Road. The first phase would take it from Denton to Hamilton Road and the second phase would take it from Hamilton Road to Crawford Road. The following ordinance was considered: NO. 99-159 AN ORDINANCE TO DECLARE THE INTENT TO REIMBURSE EXPENDITURES FROM THE RETAINED EARNINGS OF THE WATER FUND WITH REVENUE BONDS SO THAT TWO PHASES OF A NEW WATER LINE PROJECT, MORE FULLY DESCRIBED IN THE BODY OF THIS ORDINANCE, MAY BE COMMENCED; DECLARING AN EMERGENCY AND AMENDING THE 1998-99 CAPITAL IMPROVEMENT BUDGET TO ALLOW THE FUNDING OF PHASE I AND PHASE II OF THE HIGHWAY 377 WATER DISTRIBUTION SYSTEM UPGRADE; AND PROVIDING AN EFFECTIVE DATE Young 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. 30. The Council considered appointments to a special Citizens Advisory Committee to study capital improvement needs for projects to be included in a January 2000 bond election. Mayor Pro Tem Beasley appointed Herbert Holl to the Committee. Council Member Cochran appointed Carroll Trail and Joyce Poole to the Committee. Mayor Miller stated this item would be put on the next agenda for final appointments. 31. The Council considered nominations/appointments to Boards and Commissions. Mayor Miller asked staff to check if there were currently five members on the Park Board. 32. Miscellaneous Matters from the City Manager. City Manager Jez did not have any items for Council. 33. New Business The Council did not suggest any items for future agendas. 34. There was no continuation of the Closed Meeting under Sections 551.071-551.085 of the Texas Open Meetings Act. City of Denton City Council Minutes May 11, 1999 Page 16 35. There was no official action on the Closed Meeting under Sections 551.071-551.085 of the Texas Open Meetings Act. Following the completion of the Regular Session, the Council convened into a Work Session. 1. The Council received a presentation from John Fregonese of Fregonese Calthorpe & Associates, Regional and Urban Planning Consultants from Portland, Oregon, and held a discussion regarding “Smart Growth”, urban development, and municipal growth concepts. Mr. Fregonese stated that the nature of Smart Growth was very basic. He stated that a person could look at a city and tell what the most important things there were and about people that lived there. He stated it was a balance of values. He stated that many cities were expanding by area rather than population. He stated there were some important factors included in growth management fundamentals. A city had to have a vision; know the basic values of the community; identify trends that threaten those community values; identify solutions that have wide appeal; communicate the vision broadly; and invite broad participation. He stated that a city should know the facts which included: developing the best data available in GIS; use modeling to evaluate options; look at a wide range of options including a trend extrapolation (baseline); and develop a strategy that maximized many goals. He also suggested in order to implement wisely, the city had to develop a multi-faceted implementation strategy and develop implementation based on reality, not ideology. He stated regulation could be used to achieve these goals. He said make what you want to happen easy, make what you don’t want to see hard. If redevelopment was wanted, make it financially feasible. If a protected resource was wanted, make it financially rewarding. He advised not to rely on the zone change process for quality, but develop good standards and pre- zone land. He stated not to worry so much about what went on inside a building. He suggested using design standards codes to build a community. 2. The Council received a report, held a discussion, and gave staff direction regarding the Environmental Management and Public Involvement sections of the draft Comprehensive Plan. Howard Martin, Assistant City Manager of Utilities, presented the Environmental Management section. He stated the goals to develop conservation and development priorities could be achieved by providing the City with a method for systematically identifying, evaluating, and synthesizing various environmental attributes associated with a particular piece of land; using assigned ecological values to determine what type of development was compatible with each habitat area; acquiring and preserving open spaces considered of high value to the City of Denton; requiring proposed developments to protect the natural resources associated with the development site to the greatest extent possible; encouraging “Green Builder” standards; and expanding the public education program. City of Denton City Council Minutes May 11, 1999 Page 17 Martin stated that the goals for improving air quality were to encourage public transportation systems, and develop policies to reduce ozone concentrations from mobile and stationary sources. He stated preserving floodplain areas would improve water quality, maintain stream corridors, and maintain floodplain habitat. He stated the City would encourage the preservation of open spaces. Council Member Young left the meeting. Dave Hill, Director of Planning, stated Public Involvement was a process that included three forms of communication. Notification (the city tells the citizen about it), education (the city explains the options to the citizens), and participation (the citizens tell the city what they think about it). 3. The Council received a report, held a discussion and gave staff direction on pedestrian safety traffic capacity improvements on Bell Avenue from Texas Street to University Drive (U.S. 380). Rick Svehla, Deputy City Manager, stated that the City and TWU had been looking at ways to improve traffic flow and pedestrian movements on Bell Avenue from Texas Street to University Drive (U.S. 380). He stated the City had had extensive discussions with TWU about improvements to the signal system and removal of parking and installation of medians on Bell Avenue to make improvements for both modes of transportation. He stated staff recommended removal of almost all the parking on Bell Avenue, changing the location of signals, building medians and changing some of the sidewalks that led to crosswalk areas. TWU and the City of Denton would share the cost of the median improvements. The City would move the signals, and TWU would pay for all the landscaping of the medians. The Council directed staff to proceed with their recommendation. 4. The Council received a report, held a discussion, and gave staff direction regarding the City of Denton Hazard Reduction/Elimination Study for the Water Treatment and Water Reclamation Plant Facilities done by Carollo Engineers. Howard Martin, Assistant City Manager of Utilities, stated that the 1996 Clean Air Act Amendments required all facilities that transported, stored or utilized certain hazardous materials to develop Risk Management Plans by June 21, 1999. As part of this process, the City of Denton hired Carollo Engineers to evaluate hazard reduction recommendations for both the Water Treatment Plant and Water Reclamation Plant facilities. Their report also evaluated hazard elimination alternatives for gas chlorine or anhydrous ammonia for the Water Treatment Plant. Martin stated that based on Carollo’s study, staff recommended the development of a Risk Management Plan and the continued use of gas chlorine and anhydrous ammonia for the Water Treatment Plant. A new chlorination storage and handling facility was recommended that would include provisions for containment and scrubbers for the chlorination system. The City of Denton City Council Minutes May 11, 1999 Page 18 Water Reclamation Plant would have a separate study performed to evaluate UV disinfection as a part of the plant process. The Council directed staff to proceed with their recommendation. 5. The Council received a report, held a discussion, and gave staff direction concerning cable television rates for Charter Communications. Richard Foster, Public Information Officer, stated that Charter Communications had presented a rate increase request. The filing indicated that they intended to keep the basic cable service rate at its present rate. Their filing indicated new rates for everything else except changing tiers. C2 Consulting had analyzed the cable operator’s proposed rates for converters, remote controls, changing tiers, and the hourly service charge. He stated that staff recommended approving the rates as determined by C2 Consulting. The Council directed staff to proceed with recommendation of consultant. With no further business, the meeting was adjourned at 12:16 p.m. ______________________________ JACK MILLER, MAYOR CITY OF DENTON, TEXAS _____________________________________ JANE RICHARDSON ASSISTANT CITY SECRETARY CITY OF DENTON, TEXAS