Minutes October 14, 1997CITY OF DENTON CITY COUNCIL MINUTES
October 14, 1997
The Council held a Dedication and Open House of the City Hall building on Tuesday, October 14,
1997 from 4:00 p.m. to 6:00 p.m. at City Hall.
PRESENT:
Mayor Miller; Mayor Pro Tem Brock; Council Members Beasley, Kristoferson,
Cochran, Young and Durrance.
ABSENT: None
1. Mayor Miller presented a proclamation dedicating the City Hall building.
After determining that a quorum was present and convening in an open meeting, the City Council
convened in a closed meeting on Tuesday, October 14, 1997 at 6:30 p.m. in the Council Work Session
Room of City Hall.
PRESENT:
Mayor Miller; Mayor Pro Tem Brock; Council Members Beasley, Kristoferson,
Cochran, Young and Durrance.
ABSENT: None
1. The Council considered the following in Closed Meeting:
A. Consultation with Attorney -Under TEX. GOV'T. CODE Sec. 551.071
Discussed and considered an ordinance authorizing settlement in the amount of
$35,000 for litigation styled Joel Darnel Patton and Helda Jean Patton v. the City
of Paris, the City of Denton, and the City of Corsicana, civil action number
3:96v66 filed in the United States District Court, Eastern District of Texas, alleging
violation of civil rights.
B. Conference with Employees -Under TEX. GOV'T. CODE Sec. 551.075. The
Council received information from employees during a staff conference or briefing, but did not
deliberate during the conference.
The Council convened into a Work Session on Tuesday, October 14, 1997 at 7:00 p.m. in the City
Council Work Session Room at City Hall.
PRESENT:
Mayor Miller; Mayor Pro Tem Brock; Council Members Beasley, Kristoferson,
Cochran, Young and Durrance.
ABSENT: None
1. The Council received a quarterly report from TMPA representatives.
Bill Giese, TMPA Board of Directors, stated that this was the third presentation the City's
representatives had made to the Council. He presented Council with an overview of TMPA's 1997
fiscal year. Items of particular interest included major accomplishments, number of total agency
regular employees, mwh cost breakdown and statistical charts-comparisons. In the area of regulation
and litigation, he stated that a declaratory judgement was granted by Travis County Judge in regards to
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October 14, 1997
Page 2
the power sales contract amendment. The amendment would be effective 30 days after signing. Bond
counsel opinion was that the amendment would not adversely affect the security of the bondholders.
The antitrust lawsuit filed by College Station relating to transmission matters was dismissed by mutual
th · ·
agreement. On September 26 , the Federal Energy Regulatory Comnusslon issued an order requiring
that TMPA and Bryan immediately enter negotiations with College Station and submit a final order by
October 14th to establish transmission rates for College Station. At a special board meeting held in
Garland on October 1st, the board recommended that an offer be based on the PUCT rule with College
Station to make some supplemental payments to adjust for the PUCT transmission formula. Without
some supplement payments TMPA & Bryan would be subsidizing College Station under the PUCT
transition formula. Efforts to reduce the cost of coal transmission were continuing. The primary effort
was to work with the regulatory commissions. In the areas of operations, a preliminary assessment by
performance consultant, Ben Green, found the following positives: the move to Powder River coal,
advanced steam designed path and 10 year inspection cycle, state of the art Westinghouse WDPF
control system, test burning and evaluation of PRB fuel sources, personnel performing acceptably
under current control configuration, and boiler furnace exit temperature was lower than typical.
Summary of the positives was that it was a good plant and good operation and had the potential to be a
great plant. Negatives from the assessment included boiler exit temperatures were too high, nox
emissions were pushing allowable limits, controls were not tuned sufficiently to allow high load
operation at a steady state, and the instability of unit operations at high loads.
2. The Council received a report, held a discussion, and gave staff direction regarding property
appearance guidelines for historically significant structures and districts.
Denisha Williams, Main Street Manager, stated that the property appearance guidelines had been
developed primarily for the downtown area but could apply to other historic properties in the City.
The Play Action group of the Vision project established a sub-committee to create design guidelines
for historic properties in the downtown area and in other parts of the city. The goal was to draft
workable guidelines to be used in renovation and new construction. At this time, compliance with the
Guidelines would be entirely voluntary. The Guidelines were an informational tool. They did not
establish any new regulations, although in some instances they made reference to existing ordinances,
such as sign restrictions. If Council approved the Guidelines, staff would actively promote the
voluntary use of the Guidelines. The document would be distributed to all businesses in the downtown
core area that had not already received a copy. In addition, a copy would be given to new building
owners and tenants. Building Inspections staff members worked closely with Main Street and helped
refer applicants for building permits in downtown to the Main Street office for assistance. This
Guideline would be useful in explaining the rationale for recommendations made by Main Street staff
and by the State Main Street architect. Several groups had expressed a desire for Council to adopt a
policy for incentives to encourage adherence to the Guidelines. Staff recommended endorsement of
the Property Appearance Guidelines and to further research incentives that might later be adopted to
encourage the use of the Guidelines.
Consensus of the Council was to endorse the Property Appearance guidelines and to research
incentives that might be later adopted to encourage the use of the Guidelines.
3. The Council received a report, held a discussion and gave staff direction regarding Existing
Data and Forecasts related to the Denton Plan.
Dave Hill, Director for Planning and Development, stated that an outline was developed to identify the
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October 14, 1997
Page 3
major steps in producing data in a format amenable to the City's planning efforts. There were five
proposed steps in the collection of data. (1) Data Collection would collect existing demographic data
within the city; existing land-based data within the City; existing plans and data from other entities and
organizations; present land use by category, including residential, commercial, office, industrial,
institutional and agriculture and conservation areas; and current information on land conditions and
other natural environmental systems. (2) Data Organization would provide historic and regional
context and characterize existing conditions in and around Denton. These characterizations would be
based on people and their activities and land and what had been done to it. (3) Data Analysis would be
conducted to demonstrate current trends, assess existing and projected needs and opportunities and
develop a set of assumptions that provided factors for forecasting. Those factors would include
demographics, land use, environment, economic development, infrastructure systems, public facilities,
capital improvements, and visual quality. (4) Data Forecasts would project the future through the
analysis of alternative development scenarios by comparing build-out under current trends to maximum
development allowed by zoning; develop alternative forms, such as sprawl, fingers, deconcentrated
centers, concentration and reinvestment and revitalization centers; develop alternative timing, such as
phased infrastructure and other capital improvements; develop alternative policies, such as geo-
economic with emphasis on linking jobs and housing; and use forecasts of other agencies to develop a
level of detail necessary to develop a comprehensive plan for a municipality. (5) Data Feedback would
be conducted regularly by using benchmarks and indicators to evaluate the effectiveness of the City's
implementation strategy in achieving policy objectives and testing the validity of forecasting
assumptions. Success in plan implementation will be a useful gage in determining if the plan was
actually being carried out.
Council Member Beasley indicated that the staff should take all of the time necessary to collect all data
needed and to solicit as much public comment and input as possible into the process.
The consensus of the Council was to proceed as outlined.
4. The Council received a report, held a discussion and gave staff direction regarding a vision
statement and growth management strategy relating to the Denton Plan.
Dave Hill, Director for Planning and Development, reviewed the draft vision statement that combined
the concepts that were voiced most frequently by Council and the Planning and Zoning Commission.
He also presented the draft growth management strategy that would define the rules by which growth
would benefit the most people. A growth management strategy contained policies that kept Denton a
"step ahead". All other policies in the Denton Plan should adhere to the Growth Management
Strategy.
Council indicated that it would continue to work with staff to finalize the vision statement and would
proceed with the finalization of the growth management strategy.
Council held a discussion regarding impact fees and whether to include a study of that issue at the same
time as the development policies. It was determined that staff would return with the legal statutes and
the procedure involved with impact fees before making a decision on when to study the issue.
Following the completion of the Work Session, the Council convened in a Special Called Session.
1. The Council considered adoption of an ordinance authorizing settlement in the amount of
City of Denton City Council Minutes
October 14, 1997
Page 4
$35,000 for litigation styled Joel Darnel Patton and Helda Jean Patton v. the City of Paris, the City of
Denton, and the City of Corsicana, civil action number 3:96v66 filed in the United States District
Court, Eastern District of Texas, alleging violation of civil rights.
The following ordinance was considered:
NO. 97-300
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING
SETTLEMENT AND AUTHORIZING THE CITY MANAGER TO EXECUTE A
COMPROMISE SETTLEMENT AGREEMENT IN LITIGATION STYLED ]OF, l,
DARNF, I,I, PATTON AND NF, IDA .IF, AN PATTON V TI-IF, ClTY OF PAR[q,
THF, ClTY OF DFNTON, AND THF, ClTY OF COR~qlCANA; AUTHORIZING
THE EXPENDITURE OF FUNDS THEREFOR; AND DECLARING AN
EFFECTIVE DATE.
Young motioned, Beasley seconded to adopt the ordinance. On roll vote, Beasley "aye",
Kristoferson "aye", Cochran "aye", Durrance "aye", Young "aye", Brock "aye", and Mayor Miller
"aye". Motion carried unanimously.
With no further business, the meeting was adjourned at 10:15 p.m.
JACK MILLER, MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS