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