Minutes November 14, 2000950
CITY OF DENTON CITY COUNCIL MINUTES
November 14, 2000
After deteimining that a quorum is present and convening in an Open Meeting, the City Council
convened in a Closed Meeting on Tuesday, November 14, 2000 at 5:15 p.m. in the City of
Denton Council Work Session Room.
PRESENT: Mayor Brock; Mayor Pro Tem Beasley; Council Members Burroughs, Cochran,
Durrance, Kristoferson and Young.
ABSENT: None
1. The Council considered the following in Closed Meeting:
Deliberations Regarding Certain Public Power Utilities: Competitive Matters ---
Under TEX. GOV'T. CODE Section 551.086.
(1) Received competitive electric and commercial information
from one of the City's Texas Municipal Power Agency ("TMPA") Board
Members and/or City Staff pertaining to certain matters respecting present
and future maintenance issues, financial issues, operational issues, legal
and compliance issues, and other related issues and strategies concerning
the City's interest in, and its business relationship with TMPA; and
discuss, deliberate, consider, and provide such TMPA Board Member
and/or Staff with direction regarding such matters.
Work Session of the City of Denton City Council on Tuesday, November 14, 2000 at 6:00 p.m.
in the Council Work Session Room in City Hall.
1. The Council received a report, held a discussion, and gave staff direction concerning a
proposed Community Emergency Management Program called CHER CAP (Comprehensive
Hazmat Emergency Response Capability Assessment Program).
Ross Chadwick, Fire Chief, presented the background information regarding the proposed
program as noted in the agenda materials. The City had received a grant for $6,000 to offset
costs of the program. The only restriction on the funds was that they could not be used for
personnel costs. The program would strengthen the City's emergency management program and
better prepare the community for accidents resulting from technological hazards as well as
natural disasters. CHER-CAP also assisted jurisdictions in identifying ways hazardous materials
prevention and mitigation measures could be implemented to reduce emergencies and protect the
public.
Consensus of the Council was to proceed with the program.
2. The Council received a report, held a discussion and gave staff direction regarding the
Neighborhood Empowerment Program (NEP).
Michelle Cunningham, Community Relations Coordinator, stated that the purpose of the
program would be to help improve the quality of life in Denton's neighborhoods by supporting
project partnerships between the City and its neighborhoods. The program would match City
and neighborhood resources to complete neighborhood-proposed projects that foster self-help,
neighborhood pride, and enhance and beautify Denton's neighborhoods. The program would
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City of Denton City Council Miinutes
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promote a quick, easy process where neighborhoods realized a demonstrated benefit of city
expenditures.
Consensus of the Council was to proceed with the program.
3. The Council received a report, held a discussion and gave staff direction regarding the
creation of an International Sister Cities Program.
Michelle Cunningham, Community Relations Coordinator, stated that Sister Cities International
was a not-for-profit organization that focused on arts, education, and cultural exchange,
economic and business development, municipal training and community problem solving and
health, technology and youth leadership. She reviewed the details of the program as noted in the
agenda materials.
Consensus of the Council was to proceed with the program.
4. The Council received a report, held a discussion, and gave staff direction regarding the
ongoing provision and updating of development-related data.
Doug Powell, Director of Planning and Development, stated Council had requested a variety of
data regarding development approvals. Staff was requesting that Council determine the
questions that the data was intended to answer, the format provided, and the cost of providing the
data. If Council could define the uses to which the data would be used, staff could prepare a
comprehensive data format that could serve several purposes.
Consensus of the Council was to use either 1996 or 1998 as a baseline for starting the reports and
to provide the reports on a quarterly basis. Council was looking for growth rate, the percentage
of residential, businesses industrial. Staff would provide a base line for the start of the program.
Multifamily should be a separate category and multifamily student housing should be viewed by
number of bedrooms. A prototype would be designed for Council consideration.
5. The Council received a report, held a discussion, and gave staff direction regarding the
definition of open space as related to development regulations and exactions.
Doug Powell, Director for Planning and Development, stated that Council Member Kristoferson
had requested the discussion of the definition of open space be placed on a work session agenda.
The common use of the term "open space" had led to some misunderstanding as it related to
regulatory requirements. He reviewed the provisions of the Landscape Ordinance, the Park
Dedication Ordinance, the interim regulations and draft Development Code as it related to the
definition of open space.
Consensus of the Council was to break down the amount of "open space" for future development
issues.
6. The Council received a report, held a discussion and gave staff direction regarding
gambling devices and the feasibility of licensing and taxing certain coin-operated machines
within the City of Denton.
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Gary Matheson, Chief of Police, stated that Cotmcil had suggested that if the City could not
prohibit these devices, that it might be feasible to license and tax such operations. The
Department had research the issue and determined that these machines were a violation of State
law and would notify those businesses having them on the premise of that decision. The
Department would pursue prosecution once the businesses had been notified and provided a
reasonable opportunity to comply. Since "eight liners" were illegal gambling devices under
State law, licensing or taxing them would not be an option.
Consensus of the Council was to proceed with the course of action as suggested by the Police
Department.
7. The Council received a report, held a discussion and gave staff direction regarding the
relocation of utilities due to Hwy. 380 expansion from Locust Street to Loop 288.
Chuck Sears, Electric Engineering Administrator, presented the details of the power line
conversion project on University Drive.
8. The Council received a report, held a discussion and gave staff direction regarding
approval of a professional services contract with Alan Plummer and Associates for the design of
an effluent reuse line to be installed along Mayhill Road.
Jim Coulter, Director of Water and Wastewater Utilities, presented the effluent reuse program
history as noted in the agenda materials. He detailed a proposed engineering contract with Alan
Plummer and Associates to connect the Spencer Power Plant cooling towers directly to the
effluent reuse line.
Consensus of the Council was to proceed with the project.
9. The Council received a report, held a discussion and gave staff direction regarding group
homes.
Ed Snyder, Assistant City Attorney, reviewed the State regulations for group homes. The Legal
Department recommended that group homes in excess of four residents, other than Community
Homes for the Disabled, be located in the areas designated for multifamily in the new code and
require a specific use permit and a license as long as the structure could accommodate the
number of residents under the building code's definition of maximum occupancy restrictions.
9. The Council received a report, held a discussion and gave staff direction regarding state
annexation law, boundary adjustments to annexation tracts, and agreements in lieu of annexation.
(Ryan/Country Club Annexation A-101 & US377/I35W Annexation A-102)
Dave Hill, Assistant City Manager for Development Services, stated that the Council had
requested a work session on this item to provide additional information on how to proceed with
annexation proceedings for the two above annexations. Those questions were detailed in the
agenda back-up materials.
Council Member Cochran recommended removing the Burch property and Wilkes property from
the annexation process. He felt that owner occupied agricultural land should not be annexed.
City of Denton City Council Miinutes
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Following the completion of the Work Session, the Council convened in a Special Called
Meeting in the City Council Chambers to consider the following:
1. The Council considered and took action regarding an involuntary annexation and service
plan for approximately 1,446 acres of land located in the southwestem section of the City of Denton
extraterritorial jurisdiction (ET J), for the following tracts:
Tract #1: approximately 504 acres of land located in the southwestern side of the City of
Denton's extraterritorial jurisdiction west of U.S. Highway 377, south of Allred and north
o f Johnson Lane.
Tract #2: approximately 940 acres of land located in the southwester side of the City of
Denton's extraterritorial jurisdiction east of Interstate Highway 35 West and west of the
Kansas City Southern Railway Company, extending south along Bonnie Brae to the west
side of U.S. Highway 37.
Tract#3: approximately l. 7 acres of land located northeast of the intersection of Corbin
and Bonnie Brae
The Council considered and took action on amendments to the boundaries of the
proposed annexation by deleting certain properties currently included in the above
referenced tracts from the annexation proceedings; and
The Council considered and took action on amendments to the service plan for the
proposed annexation regarding the above referenced tracts.
Dave Hill, Assistant City Manager for Development Services, stated that during the break from
the Work Session to the Special Called Session, Council Member Cochran had suggested
deleting Parcels 28, 30, 31 from the annexation and all of Tract 1 be referred to a three year
annexation plan. He stated that at the last meeting it was not specifically mentioned that Tract 32
was to be included and he suggested that Council include that tract at this meeting.
Council discussed the pros and cons of a three year annexation plan and agreements in lieu of
annexation.
The following individuals spoke regarding the annexation:
M.C. Burch, 7034 Country Club Road, Denton, 76210, spoke in opposition to the item.
Jane Stapler, 7038 Country Club Road, Denton, 76210, spoke in opposition to the item.
Burroughs motioned, Kristoferson seconded to direct staff to prepare the ordinance for
involuntary annexation and service plan as proposed and amended and further amended to
exclude Parcels 28, 30, 31 and Tract 32. On roll vote, Beasley "aye", Burroughs "aye", Cochran
"aye", Durrance "aye", Kristoferson"aye", Young "nay", and Mayor Brock "aye". Motion passed
with a 6-1 vote.
2. The Council considered and took action regarding an involuntary annexation and service
plan for approximately 1,280 acres of land located in the southwestern section of the City of Denton
extraterritorial jurisdiction (ET J), for the following tracts:
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Tract #1: approximately 1, 2 76 acres of land located on the southwestern side of the City of
Denton's extraterritorial jurisdiction east of U.S. Highway 3 77, south of Regency Court on
each side of Country Club Road west of Montecito along Ryan Road and mostly north of
Brush Creek Road
Tract #2: approximately 3.6 acres of land located on the southwestern side of the City of
Denton's extraterritorial jurisdiction west of Montecito, south of El Paseo and east of Santa
Monica.
Considered and took action on amendments to the boundaries of the proposed
annexation by deleting certain properties currently included in the above
referenced tracts from the annexation proceedings; and
Considered and took action on amendments to the service plan for the
proposed annexation regarding the above referenced tracts.
Dave Hill, Assistant City Manager for Development Services, stated that it had been suggested to
further delete parcels 74, and 78, 101,102, 104, 105, 106, 107, 108 through 112.
Council Member Cochran suggested also deleting Parcels 1 and 2 with agreements in lieu of
annexation to be obtained from the owners.
Dot Thompson, 175 Ryan Road, Denton, 76210, spoke regarding the proposal.
Council discussed the pros and cons of obtaining agreements in lieu of annexation.
Cochran motioned, Burroughs seconded to approve the annexation deleting parcels 1, 2, 74 and
78 from A-101 and Parcels 28, 30, and 31 from A-102. On roll vote, Beasley "aye", Burroughs
"aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "nay", and Mayor Brock "aye".
Motion passed with a 6-1 vote. Staff would work on agreements in lieu of annexation for parcels
101,102, 104-112 in A-101 and all of Tract 2 in A-102
3. There was no official action on Closed Meeting Item(s) under Sections 551.071-551.086 of
the Texas Open Meetings Act.
With no further business, the meeting was adjoumed at 10:56 p.m.
EULINE BROCK, MAYOR
CITY OF DENTON, TEXAS
i~TY IsF~;~RT~RS-
CITY OF DENTON, TEXAS