Minutes January 11, 2000CITY OF DENTON CITY COUNCIL MINUTES
January 11, 2000
After determining that a quorum was present and convening in an Open Meeting, the City
Council convened in a Closed Meeting of the City of Denton City Council on Tuesday, January
11, 2000 at 5:30 p.m. in the City of Denton Council Work Session Room.
PRESENT: Mayor Miller; Mayor Pro Tem Beasley; Council Members Cochran, Durrance,
Kristoferson and Young.
ABSENT: Council Member Burroughs
1. Closed Meeting:
A. Deliberations Regarding Certain Public Power Utilities Competitive Matters ---
Under TEX. GOV’T. CODE Section 551.086.**
1. Further discussed, deliberated, considered, provided staff direction, and
took action as necessary concerning the updated Denton Municipal
Electric (“DME”) financial model; and received further competitive
commercial, financial, and technical information from DME staff
concerning the updated DME financial model; the assumptions used in the
development of the model; including forecasting and planning strategies
and options regarding the future operations and position of DME in a
competitive, deregulated, restructured electric marketplace. The
information presented involved issues and projections respecting a number
of possible alternate electric competitive scenarios in which Denton might
operate during the next twenty years.
B. Deliberations Regarding Certain Public Power Utilities: Competitive Matters ---
Under TEX. GOV’T. CODE Section 551.086.** Consultation With Attorney ---
Under TEX. GOV’T. CODE Section 551.071. Deliberations Concerning Real
Property --- Under TEX. GOV’T. CODE, Section 551.072.
1. Considered, discussed, deliberated, provided staff with direction, and took
action as necessary respecting the valuation of, and the possible sale,
transfer, assignment, or other divestiture of real property pertaining to the
City of Denton’s electric utility system, including, without limitation: the
Gibbons Creek generation facility located in Grimes County, Texas; the
Spencer generation facility located on Spencer Road in Denton County,
Texas; the two hydroelectric facilities located in Denton County, Texas;
and other components of the City’s electric generation assets. Conducted
a consultation with the City’s attorneys, in order to obtain the advice and
recommendations of the City’s attorneys concerning the above-referenced
issues, where to discuss such issues and matters in a public meeting would
conflict with the attorneys’ duties and professional responsibilities to their
client under the Texas Disciplinary Rules of Professional Conduct.
C. Deliberations Regarding Real Property – Under TEX. GOV’T. CODE Section
551.072.
1. Considered possible property acquisition for relocation of Edwards and
Mayhill Roads near State School Road, in the D. Lambert Survey,
City of Denton City Council Minutes
January 11, 2000
Page 2
Abstract 784, in the M.E.P. & P.R.R. Co. Survey, Abstract 950, and in the
G. Walker Survey, Abstract 1330.
The Council convened in a Work Session on Tuesday, January 11, 2000 at 6:30 p.m. in the
Council Work Session Room in City Hall.
PRESENT: Mayor Miller; Mayor Pro Tem Beasley; Council Members Cochran, Durrance,
Kristoferson and Young.
ABSENT: Council Member Burroughs
1. The Council received a presentation from Wallace Duvall, Chair of the Human Services
Advisory Committee, and Elinor Hughes, Human Services Advisory Committee member, to
discuss potential changes to the funding allocations process.
Dan Leal, Human Services Coordinator, stated that the Human Services Committee had been
working on a community wide assessment to compile a base-line assessment of community
resources and services. The assessment identified gaps in social services that currently existed.
Wallace Duvall, Chair-Human Services Advisory Committee, stated that from the assessment,
funding organizations would be better prepared to make allocation decisions that would improve
the human services delivery system in the Denton area. For many years, funding organizations
had struggled in making funding decisions due to the fact that agency applications and testimony
were the primary sources of needs data.
Elinor Hughes, Human Services Advisory Committee, reviewed the survey that was done for the
needs assessment. The Human Services Committee was suggesting a change to the current
recommendation process. These changes would target specific human services dollars to meet
priority needs rather than funding agencies. A suggestion would be a request for proposal for the
dollar needs. Changes would be gradual and some specific amounts of money might be targeted
for new priorities. It was not anticipated that deep cuts would be made this year.
2. The Council received a report, held a discussion, and gave staff direction regarding the
status of the bridge at Fred Moore Park.
Rick Svehla, Deputy City Manager, stated that the City had been working with the County to
acquire a bridge for Fred Moore Park. They had been in contact with TxDot to firm up the
timing of the bridges and the use of some of their funds. As of Friday, TxDot would be taking
bids for the bridges in December 2000. The schedule for moving the bridge would be early
spring/late summer of 2001. There was some concern expressed that the current funding would
not cover the cost of what was needed to move the bridge and refurbish the bridge. Staff was
suggesting that the City obtain one bridge and the County retain the second for use by the
County, Denton or another city.
Council suggested that staff continue to have contact with the officials at TxDot and the County
to keep them aware that the City was waiting for the bridge and eager to proceed with the
project.
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January 11, 2000
Page 3
3. The Council received a report and provided direction regarding division of multiply
certified electric service areas.
Sharon Mays, Director of Electric Utilities, stated that staff was recommending Option 1 to
Council which would be to file under SF7 Section 37.060(b) to request that areas outside of
Denton’s Feb. 1999 city limits in which DME was certified to serve remain as presently
certified.
Consensus of Council was to proceed with Option 1.
4. The Council received a report, held a discussion and gave staff direction regarding
amending the regulations to allow for expanded circumstances for excused absences from
Board/Commission meetings.
Jennifer Walters, City Secretary, presented the options for Council to consider as noted in the
agenda materials. The ordinance would allow for Board/Commission members to have an
excused absence for such circumstances as city-related travel, business travel, jury duty, etc.
Consensus of the Council was to schedule the ordinance for formal consideration.
5. The Council received a report, held a discussion and gave staff direction regarding time
limitations for council meetings and work sessions.
Council Member Durrance stated that he had requested this item be placed on an agenda for
consideration in order to debate whether or not to place time limitations on council meetings and
work sessions. Items not completed prior to the adjournment time would be moved to the next
meeting or dealt with a continued meeting on the Thursday following the Tuesday meeting.
Another suggestion was to not have a staff report on issues and to have a set time for both sides
to speak on issues.
Council Member Cochran felt that the decision making process and public input process declined
after midnight. However, public input was very important and should not be diminished. He
was not in favor of limiting the amount of time for each side of an issue to speak. He suggested
starting earlier on days with a heavy agenda. He agreed with the suggestion to eliminate staff
presentations for zoning cases.
Council Member Young stated that Council knew the issues for zoning cases but wanted staff
presentations for the public and people watching the meeting on television. He felt the briefings
were important to the citizens who could not attend the meetings. He also felt that starting the
meetings any earlier would exclude working class individuals from attending the meetings. He
felt the Council needed to not take so many days off from meetings and that the meetings were
taking so long because of all of the days the Council was taking off.
Council Member Kristoferson stated that she was not in favor of starting the meetings any earlier
and that some staff briefings were needed. She was not in favor of limiting the public’s ability to
speak at the meetings. She felt Council was the problem for the length of meetings. Each
Council Member should not speak over 4 minutes on each issue.
City of Denton City Council Minutes
January 11, 2000
Page 4
Mayor Pro Tem Beasley did not like the idea of moving items to different agendas and agreed
that part of the problem was with the Council. She felt Council needed to keep to the four
minute time limit for council members. The only item she would be willing to change regarding
public input would be the length of time a citizen was allowed to speak and felt that it could be
the same as Council.
Mayor Miller stated that much of the time spent during the meetings involved land use and
planning issues. He agreed that Council should stay within the four minute time limit and that
Council needed to discipline itself. Council was not holding more meetings than in the past but
had longer issues to decide.
After a lengthy discussion, City Manager Jez summed the Council direction as staff presentations
for zoning items would be limited to location of the proposal, type of request and anything that
might have changed from a previous meeting. A timer would be installed to time the Council
Members with a buzzer at three minutes and at four minutes. Staff would slow down last minute
processes in order to provide better presentations for Council and give staff better time to
evaluate the issues.
Consensus of the Council was to follow the procedures summarized by City Manager Jez.
6. The Council received a report, held a discussion, and gave staff direction regarding
requested information on contracts with minority owned and operated professional service
businesses.
Jon Fortune, Director of Management and Budget, stated that a historical analysis of minority
owned business and professional contracts with the City had been requested by Council Member
Young. However, the City did not track that information as it could not be used for the awarding
of contracts.
Council Member Young felt that the affirmative action program should be able to track this
information.
City Manager Jez stated that staff could research the information requested but that it would
involve a great deal of time to do so. The minority status of businesses and professionals that
received contracts with the city was not recorded as it was not legal to award a bid on that basis.
Council Member Young felt that the City needed to work more on encouraging minority
businesses and minorities in the police and fire departments. The City should seek out more
qualified minority firms and hire more minorities in all departments.
Council discussed the legal issues involved with local bidders versus non-local bidders and
recruitment procedures for employees.
Council agreed that the process would continue to be reviewed although no formal issues would
be considered at this time.
7. The Council received a report, held a discussion, and gave staff direction regarding the
provision and maintenance of Open Space and related amenities.
City of Denton City Council Minutes
January 11, 2000
Page 5
Ed Hodney, Director of Parks and Recreation, reviewed the agenda materials related to pocket parks
and urban green space. He reviewed the provisions of developing public improvement districts to
fund and manage improvements through the levy and collection of a special assessment on property.
Staff felt that public improvement districts would be an effective tool for the Council to use in
achieving its open space and development quality objectives. The recommendation by staff would
be to develop an ordinance and development-related issues for the use of public improvement
districts to fund the long-term provision and maintenance of open space and other development
requirements, as defined in the revised development code.
Consensus of Council was to study what other cities had done in this area, receive developer input,
and make a presentation to Council at a future work session.
8. The Council received a report, held a discussion, and gave staff direction regarding the draft
interim nonresidential development standards ordinance.
Dave Hill, Assistant City Manager for Development Services, stated that a joint Planning and
Zoning Commission/City Council public hearing would be needed for this ordinance. These
nonresidential development standards were formatted after the residential standards.
Council discussed the pros and cons relative to the interim nonresidential standards ordinance.
Until the standards were adopted, the retail and commercial moratorium would remain in effect.
Council directed staff to prepare the ordinance for the joint meeting with the Planning and Zoning
thth
Commission for January 18 and hold the meeting to consider the ordinance on February 8 at a
special call session.
9. The Council received a report, held a discussion, and gave staff direction regarding the draft
interim residential development standards ordinance.
Dave Hill, Assistant City Manager for Development Services, stated that the purpose of the interim
ordinance was to create base densities for residential development and allow limited increases in
density in proportion to the developer’s willingness to enhance the project. He presented a calendar
of next events dealing with the proposed ordinance.
Consensus of the Council was to follow the calendar as noted.
Following the completion of the Work Session, the Council convened into a Special Called
Session.
1. The Council held the first of two public hearings regarding a proposed voluntary annexation
of approximately 18 acres located north of Spencer Road between Woodrow Lane and Loop 288 in
southeast Denton. The property was the Denton Municipal Electric generation plant. The zoning at
the time of annexation would be Light Industrial (LI). (A-98, DME Spencer Road generation plant)
The Mayor opened the public hearing.
No one spoke during the public hearing.
The Mayor closed the public hearing.
City of Denton City Council Minutes
January 11, 2000
Page 6
2. The Council considered the following requests for relief from the provisions of Ordinances
99-473 and 99-474, establishing moratoria to apply to certain specified development applications:
a. Business Park on Teasley Lane
b. Lakeview Ranch
c. Centre Place
d. Silver Dome and Cooper Creek
e. Ace Business Park
Item 2a.
Young motioned, Beasley seconded to grant the relief. On roll vote, Beasley “aye”, Cochran
“aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried
unanimously.
Item 2b.
Young motioned, Miller seconded to grant relief. On roll vote, Beasley “aye”, Cochran “aye”,
Durrance “nay”, Kristoferson “nay”, Young “aye”, and Mayor Miller “aye”. Motion carried with a
4-2 vote.
Item 2c.
Young motioned, Miller seconded to grant the relief. On roll vote, Beasley “nay”, Cochran
“nay”, Durrance “nay”, Kristoferson “nay”, Young “aye”, and Mayor Miller “aye”. Motion failed
with a 2-4 vote.
Item 2d.
Michael Jackson, 600 N. Pearl Street, Suite, 650, Dallas, 75201, spoke on the issue.
Durrance motioned, Beasley seconded to deny relief. On roll vote, Beasley “aye”, Cochran
“aye”, Durrance “aye”, Kristoferson “aye”, Young “nay”, and Mayor Miller “nay”. Motion carried
with a 4-2 vote.
Item 2e.
Kristoferson motioned, Beasley seconded to deny the relief. On roll vote, Beasley “aye”,
Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “nay”, and Mayor Miller “nay”.
Motion carried with a 4-2 vote.
With no further business, the meeting was adjourned at 11:45 p.m.
________________________________
JACK MILLER, MAYOR
CITY OF DENTON, TEXAS
_____________________________
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS